Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Did you report the chip immediately, after taking delivery of the van?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. If you bought the van as a consumer (i.e, a private individual) or the sale agreement did not exclude the Sale of Goods act then you will have the following rights in expecting the van to be:
The law states that the goods must be:
· of satisfactory quality – it must not be faulty or damaged when you receive it;
· as described – it must match any description given to you at the time of purchase; and
· fit for purpose – it should be fit for the purpose it was supplied for.
So you can argue that the van was not of satisfactory quality. Even if you were not a consumer or the Sale of Goods Act was excluded you can argue that this was a breach of contract because they have not supplied you with a van in the condition on would expect as a brand new purchase.
You can ask them to repair it, provide you with a replacement or you can even reject it and ask for a refund. It may be best to just get a repair here so whilst they have offered you a sum to fix it, if that is not sufficient you can hold them liable for the full costs of repair. You cannot force them to do this but if they refuse, then you can consider pursuing them for compensation to the value of the repairs.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you have to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. In the circumstances you will be pursuing them for compensation, be it for repairs or the value of the van. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.